Bill Pryme-Fuld



Bill Pryme-Fuld

MODEL LESSON PLAN

DIRECT & CROSS EXAMINATION

Lesson:

Direct and Cross Examination

Source(s):

Mauet- Trial Techniques, Trial Advocacy Lectures, Professor Maureen Howard, past lessons taught this year at Chief Sealth High School.

Time:

55min- One Class Session

Goals:

• Actively engage entire classroom in activities

• Have individual students perform in front of entire class

• Understand the differences between direct and cross examination

• Be able to conduct both direct and cross

• Work on public speaking

• Gain confidence in student knowledge of trial process

• Have Fun!

Knowledge and Comprehension Objectives:

• Be able to effectively perform both direct and cross examination

• Recognize when asking a leading question

• Recognize when asking a non-leading, open-ended question, relevant to direct

• Learn when to object and how to object during direct and cross examination

• Know the objections relevant during direct and cross examination

Skill/Application Objectives:

• Be able to perform direct examination using open-ended questions avoiding leading questions

• Be able to perform cross examination using leading questions (one-fact per question) method avoiding open-ended questions

• Understand that one should know the answer of a cross-exam question before it is asked

• Understand differences between location of attorney during direct versus cross

• Learn how to impeach a witness if necessary

Attitude Objectives:

• Prepare for trial

• Become comfortable in front of group of people (classmates here)

• Become comfortable and gain confidence in public speaking

• Be aware of jury perceptions

• Adjust one’s perceptions about what asking a witness questions actually does

Methods:

INTRODUCTION: Attention Grabber (10min)

• Explain the lesson plan for the day and then put on movie clips

• Have students watch direct examination scenes from A Few Good Men

Note: Teacher will need to obtain copy of A Few Good Men or may substitute with other movie with adequate courtroom scenes including good direct examination and good cross examination examples.

LECTURE: Direct Examination (20min)

1. Explain difference between open ended question and leading question

a. Examples:

i. Open ended: where were you when the shots were fired?

ii. Leading: you were at the mall when the shots were fired?

2. Go over

a. Who

b. What

c. Where

d. When

e. Why

f. How

3. Remind students of being able to fall back on “what happened next,” “then what happened,”

a. give examples of other questions

i. it can be as simple as, “and then what did you do?” or “can you explain…”

4. Make sure students understand leading question

a. Give examples

b. “The car was red?” “You told him to come over?”

c. Yes/No Questions (don’t use!!!)

5. Location of lawyer (at other side of courtroom)

6. Witnesses is to be the star

7. Your chance to get all of your information out to the jury

a. Let the witness tell their story

b. Be mindful of weaknesses (helpful to sneak in during middle)

c. End with something strong

1. Importance of preparation

a. Preparation is key to direct

b. You are not telling witness what to say but you are instructing them as to what they should be thinking about and they should also know what questions you will be asking and on what subjects

2. Advance your themes

3. Use signposts

a. “I’d like to talk to you about when you went to the beach”

b. “I’d now like to address the test”

i. Allows jury to know where you’re going

ii. Keeps them on track

iii. Helpful to both witness and you as attorney

4. Be alert to potential opposing counsel objections and be ready to counter

DIRECT EXAMINATION: ENTIRE CLASS EXERCISE

• This is a variation on exercise where entire class asks one direct question of teacher who will play a key witness in mock-trial, however in order to make more difficult, teacher will suggest a theme and students must ask questions on that theme, this will help them to remember themes and keep them on track, switch themes after appropriate amount of questioning on previous theme.

LECTURE: Cross Exam (20min)

Watch cross examination of Colonel Jessup from A Few Good Men

1. Explain importance and purposes of cross

a. Ability to control witness

b. Ability to counter direct

c. Look to train witness first with one-question one-fact (see below)

d. Focus on inconsistencies, weaknesses

e. Holes in story

f. Ok if there is silence, do not rush to next question until you get answer

2. Explain leading questions

a. Focus on one question per fact

b. Yes/No questions

c. Keep it simple

d. Do not get ahead of your self

e. Can also use signposts just like in direct

3. Give examples of questions, use red light, red car

a. NO: what color was the car?

b. YES: the car was yellow?

i. Tell students not to use “correct” over and over again, sounds horrible and annoys jury and everyone else

4. Go over positioning

a. Lawyer is now the start of the cross as opposed to direct

b. As close to witness as possible, may be able to change vantage points so as to not bore jury

5. Remember not to ask question that you don’t know already know answer to

6. Do not asking any open ended questions unless you know answer

7. Do not let witness wiggle

a. Ok to ask question again and again until witness answers

8. Think of possible objections opposing counsel might offer

a. Have responses ready

9. Impeachment (if time)

a. Teach students that it is rare to impeach but incredibly exciting!

b. Read over portion of transcript

1. “Mr. X, you took a deposition in this case did you not?”

2. Introduce to court

3. “Your honor I have in my hand, what has been pre-marked as Defense exhibit 1, Mr. X’s deposition…continue introducing.”

4. “You recognize the importance of telling the truth Mr. X, and you swore to do so today?”

5. “I’m going to read what you stated in your deposition…”

6. Read inconsistent statements, make witness commit

CROSS EXAMINATION: ENTIRE CLASS EXERCISE

• Have any and all teachers that are present stand in front of room, each student will pick out one theme of teacher clothing, suggested by teacher to keep them on track, i.e., “begin with my shirt” the students will then take turns asking leading questions, with one-question per fact about the teacher’s shirt, i.e., “you are wearing a shirt,” “you are wearing a shirt with buttons,” “you are wearing a blue shirt,” “the shirt is stripped,” the students will exhaust all questions about the shirt and then move on to pants, shoes, accessories.

o All Object Rule: any member of class may object when student does not ask leading questions

ASSIGNMENTS: (5min for explanation)

• Write 10 questions of a cross-examination of a key witness in the mock trial

o The questions must be limited to one-question per fact

• Write 15 questions of a direct-examination of a key witness in the mock trial

o The questions must not contain a leading question

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